Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB1010 Compare Versions

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3		-	ENGR. H. A. to ENGR. S. B. NO. 1010 Page 1 1
	3	+	SB1010 HFLR Page 1
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28		-	ENGROSSED HOUSE AMENDME NT
29		-	TO
30		-	ENGROSSED SENATE BILL NO . 1010 By: Kidd of the Senate
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	ENGROSSED SENATE
	36	+	BILL NO. 1010 By: Kidd of the Senate
31	37
32	38		and
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34	40		Pfeiffer of the House
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40	45		An Act relating to the Oklahoma Farmed Cervidae Act;
41	46		amending 2 O.S. 2021, Section 6 -507, which relates to
42	47		violations of transportation of live cervidae; and
43	48		removing certain prohibition.
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48		-	AUTHOR: Remove Representative Pfeiffer as principal House author
49		-	and substitute with Representative Blancett
	53	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	54	+	SECTION 1. AMENDATORY 2 O.S. 2021, Section 6-507, is
	55	+	amended to read as follows:
	56	+	Section 6-507. A. It shall be unlawful and a violation of the
	57	+	Oklahoma Farmed Cervidae Act for any person:
	58	+	1. To refuse an inspection authorized by the Oklahoma Farmed
	59	+	Cervidae Act;
	60	+	2. To commingle or in tegrate any native cervidae into a farmed
	61	+	cervidae herd;
	62	+	3. To intentionally comming le or integrate any farmed cervidae
	63	+	with native cervidae;
	64	+	4. To fail to maintain records as required by law;
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51		-
52		-	AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
53		-	and insert:
54		-
55		-
56		-	"An Act relating to health; amending 63 O.S. 2021,
57		-	Section 1-879.2c, which relates to the Alzheimer's
58		-	Dementia and Other Forms of Dementia Special Care
59		-	Disclosure Act; adding type of care; providing that
60		-	certain individuals may be held liab le for penalties
61		-	and charged with a financial fi ne; and providing an
62		-	effective date.
63		-
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65		-
66		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
67		-	SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -879.2c, is
68		-	amended to read as follows:
69		-	Section 1-879.2c A. 1. Pursuant to rules promulgated under
70		-	the provisions of the Alzheimer's Dementia and Other Forms of
71		-
72		-	ENGR. H. A. to ENGR. S. B. NO. 1010 Page 2 1
	66	+	SB1010 HFLR Page 2
	67	+	BOLD FACE denotes Committee Amendments. 1
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97		-	Dementia Special Care Disclosure Act, any nursing facility,
98		-	residential care facility, assisted living facility, adult day care
99		-	center, continuum of care facility, or special care facility that
100		-	publicly advertises, intentionally markets, or otherwise engages in
101		-	promotional campaigns for the purpose of communicating that said
102		-	facility offers care, memory care, or treatment methods within the
103		-	facility that distinguish it as being especially applicable to or
104		-	especially suitable to for persons with Alzheimer's dementia or
105		-	other forms of dementia diagnoses shall disclose the type of care,
106		-	memory care, or treatment provided that d istinguishes it as being
107		-	especially applicable to or suit able for such persons.
108		-	2. The disclosure shall be made using a form developed by the
109		-	State Department of Health and shall be made to:
110		-	a. the Department,
111		-	b. any representative of a person with Alzhei mer's
112		-	dementia or other form of dementia who is considering
113		-	placement within a special care unit, program, or
114		-	facility, and
115		-	c. the State Long-Term Care Ombudsman.
116		-	3. The facility shall submit the disclosure form to the
117		-	Department prior to entering into an y agreement to provide care or
118		-	services.
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145		-	4. The Department shall examine each disclosure for
146		-	completeness and accuracy at the time the disclosure is submitted to
147		-	the Department.
148		-	5. The Department shall review the most recent disclosure in
149		-	the Department's records during the facility's regular inspection to
150		-	verify that the disclosure is current and that the services
151		-	described in the disclosure are provided to residents as described
152		-	in the disclosure.
153		-	B. The information disclosed as required by this sectio n shall
154		-	include the following areas:
155		-	1. A written description of the special care unit, program, or
156		-	facility's overall philosophy and mission as it relates to the needs
157		-	of residents with Alzheimer's dementia or other forms of dementia ;
158		-	2. The process and criteria for placement in, or transfer or
159		-	discharge from, the unit, program, or facility;
160		-	3. The process used for assessment, establishment, and
161		-	implementation of a resident plan of care, as it relates to
162		-	Alzheimer's dementia and other forms of dementia, including the
163		-	method by which the plan evolves, the frequency of assessment, and
164		-	how the facility will respond to changes in the condition of the
165		-	resident;
166		-	4. Staff-to-resident ratios, staff training and continuing
167		-	education that are in addition to all r egularly prescribed training
168		-	and are commensurate with the need for increased care and
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195		-	supervision for residents with Alzheimer's dementia and other forms
196		-	of dementia;
197		-	5. The physical environment and design features appropriate to
198		-	support the functioning of cognitively impaired residents;
199		-	6. The types and frequency of resident activities designed for
200		-	residents with Alzheimer's dementia or other forms of dementia and
201		-	descriptions of those therapeutic activities designed to address
202		-	cognitive function and en gage residents with varying stages of
203		-	dementia;
204		-	7. The involvement of families in care planning and other
205		-	aspects of care, and the availability of family support programs;
206		-	8. The fees for care and any additional fees; and
207		-	9. Any accreditations or certif ications issued to the facility
208		-	related to the care and services provided to residents with
209		-	Alzheimer's dementia or other forms of dementia.
210		-	C. Any individual employed or contracted by a registered long-
211		-	term care facility who publicly advertises, inten tionally markets,
212		-	or otherwise engages in promotional campai gns for the purpose of
213		-	communicating that said facility offers memory care, Alzheimer's
214		-	care, or dementia care if said facility does not meet the criteria
215		-	of a memory care, Alzheimer's care, or dementia care facility may be
216		-	liable for civil penalties, as determined by the State Commissioner
217		-	of Health, to include a financial fine.
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244		-	D. The Department, with input from the Alzheimer-Dementia
245		-	Disclosure Act Advisory Cou ncil, shall develop a standardized
246		-	disclosure form. Any change in the information initiall y submitted
247		-	by the facility or other entity shall be reported to the Department
248		-	at the time the change is made.
249		-	D. E. The provisions of this section shall not be co nstrued to
250		-	preclude a facility without a special care unit or program from
251		-	admitting a person with Alzheimer's dementia or other forms of
252		-	dementia.
253		-	E. F. The State Commissioner of Health, with input from the
254		-	Alzheimer-Dementia Disclosure Act Advisory Council, shall promulgate
255		-	rules to effectuate the provisions of the Alzheimer's Dementia and
256		-	Other Forms of Dementia Special Care Disclosure Act.
257		-	F. G. There is hereby created the Alzheimer-Dementia Disclosure
258		-	Act Advisory Council. The Council shall make recommendations to the
259		-	State Commissioner of Health regarding t he disclosure form and rules
260		-	promulgated pursuant to the Alzheimer's Dementia and Other Forms of
261		-	Dementia Special Care Disclosure Act.
262		-	1. The Council shall consist of nine (9) m embers to be
263		-	appointed by the State Commissioner of Health for such terms as he
264		-	or she chooses. The members shall be individuals who have knowledge
265		-	and expertise in the field of memory care or individuals who are
266		-	consumer representatives directly impacted by memory-care services,
267		-	provided that neither the members with knowledge an d expertise in
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294		-	the field nor the members who are consumer representatives shall
295		-	comprise more than two-thirds (2/3) of the total membership. The
296		-	members who are consumer represen tatives shall be individuals with
297		-	immediate family members who have received or are currently
298		-	receiving memory-care services in Oklahoma and shall not be
299		-	employees or board members of any facilities or entities subject to
300		-	the Alzheimer's Dementia and Other Forms of Dementia Special Care
301		-	Disclosure Act.
302		-	2. The members of the Council shall serve without compensation.
303		-	3. The Council shall conduct an organizational meeting at a
304		-	date and location to be chosen by the Commissioner and as frequently
305		-	thereafter as necessary to perform the duties imposed upon it . A
306		-	majority of the members present shall constitute a quorum.
307		-	4. Staff assistance for the Council shall be provided by the
308		-	staff of the State Department of Health.
309		-	G. H. Violation of any of the provisions of this act the
310		-	Alzheimer's Dementia and Other Form s of Dementia Special Care
311		-	Disclosure Act or the rules issued pursuant to this act shall
312		-	subject the offending facility to the notice and enforcement
313		-	provisions established for the facility's license by the Department.
314		-	H. I. Any facility that offers s pecialized memory or dementia
315		-	care through a specific unit or program shall post the disclosure
316		-	form, including the information required to be included by this
317		-	section, on the facility's website.
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344		-	I. J. The Department shall establish a website with a list of
345		-	those facilities that have f iled a disclosure form pursuant to this
346		-	act the Alzheimer's Dementia and Other Forms of Dementia Special
347		-	Care Disclosure Act. The website shall contain a link to the
348		-	submitted disclosure form and a table containing items from the
349		-	disclosure form, including staffing ratios, staff traini ng, special
350		-	programming and activities, and accreditations or certifications.
351		-	SECTION 2. This act shall become effective November 1, 2023."
352		-	Passed the House of Representatives the 27th day of April, 2023.
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357		-
358		-	Presiding Officer of the House of
359		-	Representatives
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362		-	Passed the Senate the ____ day of _______ ___, 2023.
363		-
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368		-	Presiding Officer of the Senate
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396		-	ENGROSSED SENATE
397		-	BILL NO. 1010 By: Kidd of the Senate
398		-
399		-	and
400		-
401		-	Pfeiffer of the House
402		-
403		-
404		-
405		-
406		-	An Act relating to the Oklahoma Farmed Cervidae Act;
407		-	amending 2 O.S. 2021, Section 6 -507, which relates to
408		-	violations of transportation of live cervidae; and
409		-	removing certain prohibition.
410		-
411		-
412		-
413		-
414		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
415		-	SECTION 3. AMENDATORY 2 O.S. 2021, Section 6-507, is
416		-	amended to read as follows:
417		-	Section 6-507. A. It shall be unlawful and a violation of the
418		-	Oklahoma Farmed Cervidae Act for any person:
419		-	1. To refuse an inspection authorized by the Oklahoma Farmed
420		-	Cervidae Act;
421		-	2. To commingle or in tegrate any native cervidae into a farmed
422		-	cervidae herd;
423		-	3. To intentionally comming le or integrate any farmed cervidae
424		-	with native cervidae;
425		-	4. To fail to maintain records as required by law;
426	92		5. To fail to maintain fencing as required by law;
427	93		6. To fail to pay any fee, fine, or penalty as required and
428	94		established pursuant to the Oklah oma Farmed Cervidae Act;
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430		-	ENGR. S. B. NO. 1010 Page 2 1
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455	95		7. To fail to comply with any State Board of A griculture order;
456	96		or
457	97		8. To violate any provision of the Oklahoma Farmed Cervidae
458	98		Act.
459	99		B. No person shall transport live cervidae into or through
460	100		Oklahoma unless the cervidae originat e from a state that allows
461	101		transport of live cervidae from Oklahoma into or through that state.
462		-	Passed the Senate the 2nd day of March, 2023.
463	102
464		-
465		-
466		-	Presiding Officer of the Senate
467		-
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469		-	Passed the House of Representatives the ____ day of __________,
470		-	2023.
471		-
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474		-	Presiding Officer of the House
475		-	of Representatives
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477		-
	103	+	COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE, dated 04/11/2023 - DO
	104	+	PASS.